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Presidential Candidates Introduce New Version Of Marijuana Justice Act

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Sen. Cory Booker (D-NJ) and several of his rivals for the 2020 Democratic presidential nomination are joining forces on Thursday to re-file a new version of the most far-reaching marijuana legislation ever introduced in Congress.

The bill, the Marijuana Justice Act, would remove cannabis from the Controlled Substances Act and withhold certain federal funding from states that disproportionately enforce marijuana criminalization laws against people of color and low-income individuals.

Watch Booker and colleagues discuss the legislation below:

The legislation would also automatically expunge past federal convictions for cannabis use and possession, as well as create a fund to reinvest in communities hardest hit by the war on drugs.

“The War on Drugs has not been a war on drugs, it’s been a war on people, and disproportionately people of color and low-income individuals,” Booker said in a press release. “The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level.”

“But it’s not enough to simply decriminalize marijuana. We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs,” he said. “And we must expunge the records of those who have served their time. The end we seek is not just legalization, it’s justice.”

The legislation is initially cosponsored by Sens. Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA) and Michael Bennet (D-CO).

“As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year,” Sanders said. “Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.”

“Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” said Gillibrand. “Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road. It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice. I’m proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation’s failed drug policies.”

“Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk,” said Warren. ​

“Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It’s time to change that,” said Harris. “Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American.”

Wyden said that “the War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities. There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted.”

Bennet added: “This long-overdue change will help bring our marijuana laws into the 21st century. It’s past time we bring fairness and relief to communities that our criminal justice system has too often left behind.”

Reps. Barbra Lee (D-CA) and Ro Khanna (D-CA) filed a House companion bill.

“Communities of color and low-income communities have been devastated by the War on Drugs,” Lee said. “As Co-Chair of the Congressional Cannabis Caucus, I’m proud to sponsor legislation that would legalize marijuana at the federal level, address the disproportionate impact of prohibition on people of color by expunging criminal convictions, and promote equitable participation in the legal marijuana industry by investing in the communities hardest hit by the failed War on Drugs.”

“Communities of color have been disproportionately impacted by misguided marijuana policy for far too long,” Khanna said. “Rep. Lee, Sen. Booker, and I are proud to introduce this important legislation and deliver justice for so many Americans.”

The funds withheld from states deemed to have discriminatory arrest and incarceration rates for cannabis would go toward a new community reinvestment fund, which would “establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs” that include libraries, community centers and job training.

People who have been “aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate” would be able to file civil lawsuits against states under the bill.

During the last Congress, the Booker’s Marijuana Justice Act garnered six cosponsors in the Senate, while 43 House members signed on to that chamber’s version of the bill. Neither received hearings or votes.

Legalization advocates cheered the bill’s reintroduction.

“Cory Booker and Barbara Lee have single-handedly shifted the conversation in Congress on cannabis reform. The failures and harms caused by decades of cannabis prohibition, particularly the impact on low-income communities and communities of color, are undisputed,” said Queen Adesuyi, policy coordinator for the Drug Policy Alliance. “For decades, marijuana arrests, convictions, and subsequent collateral consequences have disrupted lives, which have also destroyed the social and economic fabric of certain communities. Now with Democrats in control of the House, it’s time to right these wrongs and advance this conversation even further by passing cannabis reform that is centered on criminal justice reform and economic empowerment of impacted communities.”

The new legislation’s language is identical to that filed last Congress, with the exception that the community reinvestment fund covers fiscal years 2020 through 2042 instead of 2018 through 2040 as in the last version.

“The Marijuana Justice Act is the most comprehensive piece of federal legislation ever introduced to end the failed policy of marijuana prohibition and to address the egregious harms that this policy has wrought on already marginalized communities,” Justin Strekal, political director for NORML, said. “This robust legislation not only removes marijuana from the Controlled Substances Act, but it also provides a path forward for the individuals and communities that have been most disproportionately impacted by our nation’s failed war on marijuana consumers.”

Read the full text of the Marijuana Justice Act as introduced in the House below:

Marijuana Justice Act of 2019 by on Scribd

Where Presidential Candidate Cory Booker Stands On Marijuana

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Oregon Officials Explain How Decriminalized Drugs And Legal Psilocybin Therapy Would Impact The State

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Oregon officials finalized a series of analyses this week on separate ballot measures to legalize psilocybin mushrooms for therapeutic use and decriminalize drugs while investing in substance misuse treatment.

The Oregon Criminal Justice Commission determined that the decriminalization initiative would reduce felony and misdemeanor convictions for drug possession by 91 percent, and that reduction would be “substantial for all racial groups, ranging from 82.9% for Asian Oregonians to approximately 94% for Native American and Black Oregonians.”

Overall, the policy change would result in a 95 percent drop in racial disparities for possession arrests, the panel projects.

“The CJC estimates that IP 44 will likely lead to significant reductions in racial/ethnic disparities in both convictions and arrests.”

The conviction estimate was included in the panel’s draft analysis first released last month, but the final version was expanded to include the arrest data as well. The new document also notes that “disparities can exist at different stages of the criminal justice process, including inequities in police stops, jail bookings, bail, pretrial detention, prosecutorial decisions, and others”—a point that activists hoped the panel would include.

That said, the commission noted it “lacks sufficient or appropriate data in each of these areas and therefore cannot provide estimates for these other stages.”

The new report, published on Wednesday, cites research indicating that the resulting “drop in convictions will result in fewer collateral consequences stemming from criminal justice system involvement, which include difficulties in finding employment, loss of access to student loans for education, difficulties in obtaining housing, restrictions on professional licensing, and others.”

The decriminalization proposal was the first ballot initiative in the state’s history to receive a report on the racial justice implications of its provisions under a little-utilized procedure where lawmakers can request such an analysis.

This information will be included in a voter pamphlet as a factual statement from the secretary of state’s office.

“Our current drug laws can ruin lives based on a single mistake, sticking you with a lifelong criminal record that prevents you from getting jobs, housing and more,” Bobby Byrd, an organizer with the More Treatment, A Better Oregon campaign, said in a press release.

Both the psilocybin therapy and drug decriminalization measures also received final explanatory statements and fiscal impact statements this week.

For the therapeutic psilocybin legalization initiative, the Financial Estimate Committee said that it projects the measure will have an impact of $5.4 million from the general fund during the two-year development period. After the program is established, it will cost $3.1 million annually, “which will be covered by the fees and tax funds for the administration and enforcement of the Act.”

The explanatory statement says the measure “directs the Oregon Health Authority to regulate the manufacture, delivery, purchase, and consumption of psilocybin, a psychoactive component found in certain mushrooms, at licensed psilocybin service centers” and that a “person would be allowed to purchase, possess, consume, and experience the effects of psilocybin only at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

It also describes an initial two-year development period during which officials will research and make recommendations on “the safety and efficacy of using psilocybin to treat mental health conditions,” after which time the new law will allow “a client who is at least 21 years of age to purchase, possess, consume, and experience the effects of psilocybin at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

Sam Chapman, campaign manager for the psilocybin initiative, told Marijuana Moment that the group is “satisfied with the explanatory statement and believe it captures the thoughtful approach we took that led to psilocybin therapy being on the ballot this November.”

“Specifically, we were happy to see the regulations and safeguards that are built into the measure highlighted in the explanatory statement,” he said. “We also believe that the fiscal committee saw and respected our approach to keep the psilocybin therapy program revenue neutral once up and running.”

The drug possession decriminalization measure is expected to cost $57 million annually, according to state officials, but it will be covered by marijuana tax revenue, which is “estimated at $61.1 million in 2019-21 and $182.4 million in 2021-23” and would therefore be “sufficient to meet this requirement.” Cannabis revenue to cities and counties would be reduced under the measure.

The reform would also save money through reduced drug enforcement. “These savings are estimated at $0.3 million in 2019-21 and $24.5 million in 2021-23,” the analysis says. “This will reduce revenue transferred from the Department of Corrections for local government community corrections by $0.3 million in 2019-21 and $24.5 million in 2021-23. The savings are expected to increase beyond the 2021-23 biennium.”

The initiative “mandates the establishment of at least one addiction recovery center in each existing coordinated care organization service area in the state,” the separate explanatory statement says, and describes how they would be funded with marijuana tax revenue.

“The measure eliminates criminal penalties for possession of specified quantities of controlled substances by adults and juveniles,” it says. “Instead, possession of these specified quantities of controlled substances becomes a non-criminal Class E violation for which the maximum punishment is a $100 fine or completion of a health assessment with an addiction treatment professional.”

Here’s a status update on other 2020 drug policy reform campaigns across the country: 

A measure to effectively decriminalize a wide range of psychedelics has officially qualified for the November ballot in Washington, D.C.

Montana activists said last month that county officials have already certified that they collected enough signatures to place two marijuana legalization measure on the state ballot, though the secretary of state’s office has yet to make that official.

In Arizona, the organizers of a legalization effort turned in 420,000 signatures to qualify for the ballot last month.

Organizers in Nebraska last month submitted 182,000 signatures in an attempt to put a medical marijuana measure on November’s ballot.

Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a recent U.S. Supreme Court ruling against the other group, hopes are dashed.

Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.

Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.

Read the full state analysis of the Oregon drug decriminalization and psilocybin therapy measures below:

Oregon Drug Decrim And Psil… by Marijuana Moment on Scribd

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Top White House Official Blasts Marijuana Banking Provisions In Democrats’ Coronavirus Bill

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Vice President Mike Pence’s top staffer on Thursday joined the chorus of Republicans criticizing House Democrats for including marijuana banking provisions to the chamber’s latest coronavirus relief bill.

Marc Short, who is Pence’s chief of staff and previously served as director of legislative affairs for the White House, discussed the COVID-19 legislation during an interview with Fox Business, and he described the Democratic proposal as a “liberal wish list” with “all sorts of things totally unrelated to coronavirus.”

“In one instance they have provided guarantees for banking access for marijuana growers,” Short said. “That has absolutely nothing to do with coronavirus.”

He’s referring to language that was inserted from the Secure and Fair Enforcement (SAFE) Banking Act to protect financial institutions that service state-legal cannabis businesses from being penalized by federal regulators.

Numerous Republicans—including Senate Majority Leader Mitch McConnell (R-KY)—have been critical of the provision, arguing that it is not germane to the issue at hand.

The majority leader took a shot at House Speaker Nancy Pelosi (D-CA) this week after she defended the inclusion of the banking language and called marijuana a “proven” therapy.

Democrats, for their part, have made the case that granting cannabis businesses with access to the banking system would mitigate the spread of the virus by allowing customers to use electronic payments rather than exchange cash. They also say it could provide an infusion of dollars into the financial system that’s especially needed amid the economic downturn caused by the pandemic.

Rep. Tulsi Gabbard (D-HI) told Marijuana Moment in an interview this week that she agrees with her colleagues that the marijuana banking provision is relevant to COVID-19 bill.

“By continuing to disallow anyone associated with these industries that states have deemed legal is further perpetuating serious problems and uncertainty during a time when, frankly, we need as much certainty as we can get,” she said.

While the Senate did not include the banking language as part of their COVID-19 bill, there’s still House-passed standalone legislation that could be acted upon.

The SAFE Banking Act has been sitting in the Senate Banking Committee for months as lawmakers negotiate over the finer points of the proposal.

Last month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.

In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.

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USDA Approves Hemp Plan For Maryland And One More Indian Tribe

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The U.S. Department of Agriculture (USDA) approved hemp regulatory plans for Maryland and the Lower Sioux Indian Community on Thursday.

With this latest development, the total number of approved plans across states, territories and tribes is 55.

USDA has been signing off on hemp proposals on a rolling basis over the past year. Last month, it accepted plans from Minnesota, Tennessee and Puerto Rico.

“USDA continues to receive and review hemp production plans from states and Indian tribes,” the agency said in a notice.

While the agency released an interim final rule for a domestic hemp production program last year, industry stakeholders and lawmakers have expressed concerns about certain policies it views as excessively restrictive.

USDA announced in February that it will temporarily lift two provisions that the industry viewed as problematic. Those policies primarily concern testing and disposal requirements. The department declined to revise the THC limit, however, arguing that it’s a statutory matter that can’t be dealt with administratively.

Last week, two senators representing Oregon sent a letter to the head of USDA, expressing concern that testing requirements that were temporarily lifted will be reinstated in the agency’s final rule. They made a series of requests for policy changes.

Agriculture Secretary Sonny Perdue has said on several occasions that the Drug Enforcement Administration influenced certain rules, adding that the narcotics agency wasn’t pleased with the overall legalization of hemp.

State agriculture departments and a hemp industry association also wrote to Congress and USDA this week, seeking an extension of the 2014 Farm Bill pilot program for hemp to give states more time to develop regulatory plans to submit to the agency.

Meanwhile, the Food and Drug Administration (FDA) is still in the process of developing regulations for CBD. It sent an update on its progress to Congress in March, explaining that the agency is actively exploring pathways to allow for the marketing of the cannabis compound as a dietary supplement and is developing enforcement discretion guidance.

An FDA public comment period was reopened indefinitely for individuals to submit feedback on CBD regulations.

Last month, the White House finalized a review of FDA CBD and cannabis research protocols, but it’s unclear when or if the document will be released to the public.

Also last month, FDA submitted a report to Congress on the state of the CBD marketplace, and the document outlines studies the agency has performed on the contents and quality of cannabis-derived products that it has tested over the past six years.

Amid the coronavirus pandemic, hemp industry associations pushed for farmers to be able to access to certain COVID-19 relief loans—a request that Congress granted in the most recent round of coronavirus legislation.

However, USDA has previously said that hemp farmers are specifically ineligible for its Coronavirus Food Assistance Program. While the department initially said it would not reevaluate the crop’s eligibility based on new evidence, it removed that language shortly after Marijuana Moment reported on the exclusion.

Two members of Congress representing New York also wrote a letter to Perdue in June, asking that the agency extend access to that program to hemp farmers.

Hemp farmers approved to produce the crop do stand to benefit from other federal loan programs, however. The department recently released guidelines for processing loans for the industry.

Senators Push USDA To Change Restrictive Hemp Regulations

Photo courtesy of Pixabay.

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